Executive Summary:
EEA Joint Committee Decision No. 116/2023 amends Annex XIII (Transport) to the EEA Agreement to incorporate Commission Implementing Regulations (EU) 2021/664, 2021/665, and 2021/666, relating to the U-space regulatory framework and manned aviation operating in U-space airspace. The decision entered into force on April 29, 2023, contingent upon notifications under Article 103(1) of the EEA Agreement or the entry into force of Decision No. 114/2023 or 115/2023, whichever is later.
Key Points / Main Content:
* **Amendments to Annex XIII:**
* Incorporates Commission Implementing Regulation (EU) 2021/664 on a regulatory framework for the U-space.
* Incorporates Commission Implementing Regulation (EU) 2021/665 amending Implementing Regulation (EU) 2017/373 regarding air traffic management/air navigation services in U-space airspace.
* Incorporates Commission Implementing Regulation (EU) 2021/666 amending Regulation (EU) No 923/2012 regarding manned aviation operations in U-space airspace.
* **Linguistic Authenticity:**
* The Icelandic and Norwegian language versions of Implementing Regulations EU 2021/664, EU 2021/665, and EU 2021/666 are authentic and will be published in the EEA Supplement to the Official Journal.
* **Entry Into Force:**
* The Decision entered into force on April 29, 2023, provided that all notifications under Article 103(1) of the EEA Agreement have been made, or on the day of the entry into force of Decision of the EEA Joint Committee No 114/2023 or 115/2023, whichever is the later.
* **Publication:**
* The Decision will be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.
Impact Analysis:
**Air Traffic Management/Air Navigation Service Providers:**
* *Impact:* Must adhere to the requirements outlined in the incorporated regulations, particularly regarding services in designated U-space airspace.
* *Action Required:* Review and implement changes to comply with Regulations (EU) 2021/664 and 2021/665.
**Manned Aviation Operators:**
* *Impact:* Must comply with the updated regulations for operating in U-space airspace.
* *Action Required:* Review and implement changes to comply with Regulation (EU) 2021/666 amending Regulation (EU) No 923/2012.
**EEA Member States:**
* *Impact:* Required to incorporate the changes into their national regulations.
* *Action Required:* Ensure national regulations are aligned with the incorporated EU regulations and that notifications under Article 103(1) of the EEA Agreement are made.
Key Entities Referenced
EEA Joint Committee: The governing body responsible for the European Economic Area (EEA) Agreement.
EEA Agreement: The Agreement on the European Economic Area, which extends the EU's single market to Iceland, Liechtenstein and Norway.
Annex XIII Transport to the EEA Agreement: A specific annex to the EEA Agreement related to transport regulations.
Commission Implementing Regulation EU 2021/664: A European Union regulation on a regulatory framework for the U-space.
Commission Implementing Regulation EU 2021/665: A European Union regulation amending Implementing Regulation EU 2017/373 regarding air traffic management/air navigation services and other air traffic management network functions in the U-space airspace designated in controlled airspace.
Commission Implementing Regulation EU 2021/666: A European Union regulation amending Regulation EU No 923/2012 regarding manned aviation operating in U-space airspace.
Brussels: The location where the decision was made.
Iceland: One of the countries which is a part of the EEA Agreement.
Official Journal EN
of the European Union L series
2023/2295 9.11.2023
DECISION OF THE EEA JOINT COMMITTEE No 116/2023
of 28 April 2023
amending Annex XIII (Transport) to the EEA Agreement [2023/2295]
THE EEA JOINT COMMITTEE,
Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98
thereof,
Whereas:
(1) Commission Implementing Regulation (EU) 2021/664 of 22 April 2021 on a regulatory framework for the
U-space(1)is to be incorporated into the EEA Agreement.
(2) Commission Implementing Regulation (EU) 2021/665 of 22 April 2021 amending Implementing Regulation
(EU) 2017/373 as regards requirements for providers of air traffic management/air navigation services and other air
traffic management network functions in the U-space airspace designated in controlled airspace(2) is to be
incorporated into the EEA Agreement.
(3) Commission Implementing Regulation (EU) 2021/666 of 22 April 2021amending Regulation (EU) No 923/2012 as
regards requirements for manned aviation operating in U-space airspace(3) is to be incorporated into the EEA
Agreement.
(4) Annex XIII to the EEA Agreement should therefore be amended accordingly,
HAS ADOPTED THIS DECISION:
Article 1
Annex XIII to the EEA Agreement shall be amended as follows:
(1) the following indent is added in point 66wk (Commission Implementing Regulation (EU) No 923/2012):
‘— 32021 R 0666: Commission Implementing Regulation (EU) 2021/666 of 22 April 2021(OJ L 139, 23.4.2021,
p. 187).’;
(2) the following indent is added in point 66xg (Commission Implementing Regulation (EU) 2017/373):
‘— 32021 R 0665: Commission Implementing Regulation (EU) 2021/665 of 22 April 2021(OJ L 139, 23.4.2021,
p. 184).’;
(3) the following point is inserted after point 66zbd (Commission Delegated Regulation (EU) 2020/723) of Annex XIII to
the EEA Agreement:
‘66zbe. 32021 R 0664: Commission Implementing Regulation (EU) 2021/664 of 22 April 2021 on a regulatory
framework for the U-space (OJ L 139, 23.4.2021, p. 161).’
Article 2
The texts of Implementing Regulations (EU) 2021/664, (EU) 2021/665 and (EU) 2021/666 in the Icelandic and Norwegian
languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.
(1) OJ L 139, 23.4.2021, p. 161.
(2) OJ L 139, 23.4.2021, p. 184.
(3) OJ L 139, 23.4.2021, p. 187.
ELI: http://data.europa.eu/eli/dec/2023/2295/oj 1/2EN
OJ L, 9.11.2023
Article 3
This Decision shall enter into force on 29 April 2023, provided that all the notifications under Article 103(1) of the EEA
Agreement have been made*, or on the day of the entry into force of Decision of the EEA Joint Committee No 114/2023
of 28 April 2023(4), or on the day of the entry into force of Decision of the EEA Joint Committee No 115/2023 of
28 April 2023(5), whichever is the later.
Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European
Union.
Done at Brussels, 28 April 2023.
For the EEA Joint Committee
The President
Nicolas VON LINGEN
* No constitutional requirements indicated.
(4) OJ L, 2023/2294, 9.11.2023, ELI: http://data.europa.eu/eli/2023/2294/oj
(5) OJ L, 2023/2264, 9.11.2023, ELI: http://data.europa.eu/eli/2023/2264/oj
2/2 ELI: http://data.europa.eu/eli/dec/2023/2295/oj